. >> when you hear from senator graham he thinks it's wrong to be in new york city. he thinks congress bits and piecesed -- bypassed it and he thinks it should be done at gitmo. walk me through the military tribunal and the interrogation they could do around the trial. >> well, it's interesting. it's clear the executive branch made a conscious decision in the way they went about the capture that this was going to a federal courthouse. right? clearly the intelligence agencies -- ours, the cia -- would have been cooperating with allies around the world, tracking his movements. once he was captured from jordan, moved to the united states, it clearly was turned over to the fbi and he came into the custody of the fbi. including any of what we call pocket litter, information h he may have had on him. they would have flown with him to talk to him. anything he would have said would have been admissible in a federal district court in a civilian trial. there was a conscious plan and decision about how we handled him. he gets certain constitutional protections. he has a right t